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Government defies calls to review sharia bylaws

Source
Jakarta Post - February 16, 2008

Desy Nurhayati and Erwida Maulia, Jakarta – The government has shrugged off demands it revoke or review sharia-inspired local regulations, which many critics say violate the Constitution.

Home Minister Mardiyanto said here Friday he did not see any need to review the so-called sharia bylaws enforced in many regions in the country. The minister claimed there was no such thing as sharia bylaws.

"Explicitly, there are no 'sharia bylaws'. What exist are bylaws that implement the Islamic dos and dont's, but in a more specific manner," he said. The minister said such bylaws were implemented differently in various regions.

In Banten, he said, the so-called "sharia bylaw" was simply a public order ordinance to prohibit prostitution. He said in Aceh, the disputed regulations were only applied to Muslims, obliging them to conduct their daily lives based on Islamic teachings.

Despite the differences in the implementation of the bylaws, they all have one thing in common – to ensure that aspects of life are conducted based on Islamic teachings, Mardiyanto said.

"We should see such bylaws from a more comprehensive point of view," he said.

"It is the government's duty, especially the Home Ministry and the Religious Affairs Ministry, to give a better understanding to people who have different levels of knowledge."

"Actually, the issue is not about the importance of reviewing the bylaws, but it is more about how to give a better understanding to people so they will have similar perceptions of these bylaws."

Mardiyanto said a forum had been established to provide input to the government in drafting such regulations.

A number of moderate Muslim scholars have said the government has no excuse not to scrap the ordinances, which they claim have created or increased discrimination in public life.

The enforcement of sharia bylaws also leads to classifying non-Muslims as second-class citizens, which is against the Constitution, they said.

Concerns were expressed Friday by Muslim scholars Azyumardi Azra and Ahmad Suaidy over the government's refusal to revoke the "discriminatory" bylaws.

The former rector of Jakarta's State Islamic University, Azyumardi, said there are three types of sharia ordinances currently applied across the country.

First, bylaws that rule on public order. Second, the ordinances that rule on dress, particularly those that oblige Muslim women to wear headscarves. Third, the bylaws on criminal sanctions, which exist only in Aceh.

Both Azyumardi and Suaidy told The Jakarta Post the sharia-inspired bylaws on public order were generally accepted not only by Muslims, but also non-Muslims.

"All religions, including Islam and Christianity, have the same concerns over public order. They share the same ideas that things like prostitution, gambling and liquor should be regulated," said Suaidy, the executive director of the Wahid Institute.

However, Azyumardi and Suaidy agreed that the bylaws governing Muslim dress needed review. Suaidy said these bylaws were discriminatory against some citizens because they were often enforced on non-Muslims.

"Our study shows that women from different faiths are also obliged to wear headscarves in some regions like in Padang (West Sumatra) and Bulukumba (South Sulawesi)," he said.

Discussing Aceh, Azyumardi said reviews of strict Islamic bylaws would not be enough if people wanted to stop sharia-based criminal sanctions. "It's more complex. We first need to review the special autonomy law for Aceh," he said.

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